IMPORTANT POINT
Sentence – Court has to balance scales of retributive justice and restorative justice.

ORDER :

1. The instant application has been filed by the applicant-appellant seeking the following prayers:

(a) Pass an order clarifying that pursuant to the Judgment of this Hon’ble Court dated 19.04.2022 in Criminal Appeal No. 612 of 2018, the sentence to be served by the Applicant is life imprisonment simplicitor for the offence under Section 302, 5(m), (i) and 6 of the Protection of Children under Sexual Offences Act, 2012 (POCSO), imprisonment for a term of 20 years for the offence under Section 376A, IPC, rigorous imprisonment for 10 years for the offence under Section 366, IPC and rigorous imprisonment for 7 years for the offence under Section 363, IPC.

(b) Pass an order clarifying that the sentence imposed by the Ld. Sessions Judge, Seoni under Sections 376(2)(m) and 376(2)(i), IPC has been substituted/subsumed by this Hon’ble Court in Judgment dated 19.04.2022 in Criminal Appeal 612 of 2018 by imposing a sentence of imprisonment for 20 years under Section 376A, IPC.

(c) Pass an order clarifying that the sentence to be served by the applicant for the offence under Sections 5(m) and (i), 6, POCSO is life imprisonment and not life imprisonment for the reminder of natural life.

(d) Pass an order directing the Ld. Sessions Judge Seoni to modify the order of supersession in accordance with the Prayers A to C.

(e) Pass any other orders as this Hon’ble Court may deem fit in the facts and circumstances of the case.

2. The Court after hearing the learned counsel for the parties passed the following order on 19.10.2022:

“Instant Miscellaneous Application is treated as Review Petition and be registered as one by the Registry.

Oral hearing in the matter is permitted.

Mr. B.H. Marlapalle, learned Senior Advocate, who has been assisting this Court as Amicus Curiae on behalf of the accused submits that:

(A) In paragraph 43 of the Order, this Court:

(i) modified the sentence of death for the offence punishable under Section 302 of the Indian Penal Code (for short ‘IPC’) to that of imprisonment for life.

(ii) awarded sentence of twenty years instead of imprisonment “for remainder part of his life” for the offence punishable under Section 376A of the Indian Penal Code.

(iii) affirmed the conviction and sentence recorded by the Courts below for the other offences under the IPC and Protection of Children from Sexual Offences Act, 2012 (for short ‘POCSO Act’).

(B) The other offences, referred to above, comprised of offences punishable under Sections 376 (2)(i) and 376 (2)(m) of the IPC as well as under Section 6 of the POCSO Act. In respect of these three offences, the punishment awarded to the appellant-accused on each count was life imprisonment with the qualification that “it shall be for the remainder part of his natural life.”

(C) Though, the amendments to Section 376 were brought in force before the offence was committed by the appellant-accused, the amendment to the provisions of POCSO Act was brought into force, well after the offence was committed.

(D) In the circumstances, the sentence of life imprisonment with qualification for “remainder of his natural life” could not have been awarded in respect of offence punishable under Section 6 of the POCSO Act.

(E) Having granted benefit of reduction of sentence to term sentence of twenty years instead of imprisonment for the “remainder of his natural life” for the offence under Section 376A of the IPC, the case of the appellant be considered on same lines with respect to offences punishable under Section 376 (2) (i) and 376 (2) (m) of the IPC.

Mr. P.V. Yogeshwaran, learned Advocate appearing for the State, has fairly accepted the submission with respect to the punishment to be awarded for the offence punishable under Section 6 of the POCSO Act, but has left the matter to the discretion of this Court with respect to the punishment for the offences punishable under Sections 376(i) and 376(m) of the IPC are concerned.

Heard learned counsel for the parties.

Order reserved.”

3. At the outset, it may be note